Resolution Number CRA 92-8-18-12 42
RESOLUTION NO. CRA
92-8-18-1
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE DISPOSITION AND
DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTY WITHIN
THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT AREA TO RALPH A. FURRA (SWALLOWS INN)
WHEREAS, the Community Redevelopment Agency of the City of San Juan
Capistrano (the "Agency"), is engaged in activities necessary to carry out and implement
the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project
Areas; and,
WHEREAS, in order to carry out and implement such Redevelopment Plan, the
Agency proposes to enter into the Disposition and Development Agreement (the
"Agreement"), made a part hereof by reference, with Ralph A. Furra (the "Developer")
for the sale of the premises (the "Premises") in the San Juan Capistrano Central
Redevelopment Project Area, described in the Agreement as approximately 17,133
square feet commonly known as the Swallows Inn and Paisley Penguin with a mailing
address of 31782-31786 Camino Capistrano; and,
WHEREAS, pursuant to the California Community Redevelopment Law
(California Health and Safety Code, Section 33000 et seq.), the Agency and this City held
a joint public hearing on the terms of the Disposition and Development Agreement and
including the sale of the Premises, having duly published notice of such public hearing
and made copies of the proposed Agreement available for public inspection and comment;
and,
WHEREAS, the Agency has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of and sale of the Premises
thereof is in the best interest of the City of San Juan Capistrano and the health, safety,
and welfare of it residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements; and,
WHEREAS, the proposed Disposition and Development Agreement was
determined by the Planning Director to be Categorically Exempt pursuant to California
Environmental Quality Act Guidelines (CEQA), Class 12, on July 30, 1992.
NOW, THEREFORE, 8E IT RESOLVED, by the San Juan Capistrano
Community Redevelopment Agency, City of San Juan Capistrano, California as follows:
1. The Agency has received and heard all oral and written objections to the
proposed Agreement and to the proposed sale of the Premises and to
other matters pertaining to this transaction, and that all such oral and
written objections are hereby overruled.
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2. The Agency hereby finds and determines that the consideration to be
paid by the Developer for the sale of the Premises is in accordance with
the covenants and conditions governing such sale. The Agency hereby
further finds and determines that all consideration to be paid under the
Agreement is in an amount necessary to effectuate the purposes of the
Redevelopment Plan for the San Juan Capistrano Central Redevelopment
Project.
3. The Categorical Exemption issued on July 30, 1992, adequately
considered all environmental impacts potentially caused by the proposed
sale of Premises as there are no substantial changes relating to the
proposed sale which would alter the determination that the project is
exempt under CEQA Guidelines, Class 12, Section 11532.
4. The sale of the Premises and the proposed Agreement, which establish
the terms and conditions therefore, are hereby approved.
5. The Chairman of the Agency is hereby authorized to execute the
Agreement on behalf of the Agency. A copy of the Agreement, when
executed by the Agency, shall be placed on file in the office of the
Agency Secretary.
6. The Executive Director of the Agency (or his designee) is hereby
authorized on behalf of the Agency, to sign all documents necessary and
appropriate to carry out and implement the Agreement and to administer
the Agency's obligations, responsibilities and duties to be performed
under the Agreement, and related documents.
PASSED, APPROVED, AND ADOPTED this
of August , 1992.
ATTEST:
18th
KENNETH E.F ESS, CHAIRMAN
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day
34-4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, Secretary of the San Juan Capistrano Community
Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. CRA 92-8-18-1 adopted by the Board of Directors of the
San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof
held on the 18th day of August , 1992, by the following vote:
AYES: Directors Ifausdorfer, Jones, Harris, Vasquez,
and Chairman Friess
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOH SO GENCYSECRET Y
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4"t
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, declare as follows:
That I am the duly appointed and qualified Secretary of the San Juan
Capistrano Community Redevelopment Agency;
That in compliance with State laws of the State of California and in further
compliance with City Resolution No. CRA 83-12-20-1 and on the 21st day
of August , 1992 I caused to be posted:
RESOLUTION NO. CRA 92-8-18-1 , being:
AGREEMENT FOR
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY, CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING THE DISPOSITION AND
DEVELOPMENT AGREEMENT FOR CERTAIN PROPERTY WITHIN
THE SAN JUAN CAPISTRANO CENTRAL REDEVELOPMENT
PROJECT AREA TO RALPH A. FURRA (SWALLOWS INN)
in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire
Station Recreation Complex; Orange County Public Library.
I declare under the penalty of perjury that the foregoing is true and correct.
CHECK LIST
RES. N0. CRA9z -k-Zf—
fehairman has signed
-,Secretary has signed
Agency Seal stamped
All blanks typed in
"Absent" 4
"Noes"
"Abstain"
Copies sent to post
file .>OO.1
mail tl certified
CA tr]nl lcc r'
_ Legal Publication ordered to be published
(date)
No. Printed copies required
Remarks
Cheryl John ency Secretary
San Juan Capistrano Community
Redevelopment Agency